Articles

This is one of two companion pieces on the Supreme Court of Canada's recent decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA's Administrative Law Section. This article concerns the role of statutory provisions permitting a right of appeal in determining the standard of review.

The Court of Appeal has affirmed the Law Society’s holding that it is professional misconduct to make allegations of prosecutorial misconduct or that impugn the integrity of opposing counsel, unless the allegations are made in good faith and with a reasonable basis.

In the recent decision of Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472, the Divisional Court reversed a decision of the Discipline Committee of the Association of Professional Engineers of Ontario, which had refused to award a member costs of a stayed discipline proceeding. In so doing, the Court also confirmed that it has the jurisdiction to award costs to a member for an unwarranted Discipline Committee hearing.

The environmental assessment process can be long and complicated for investors seeking approval of a proposed project. If the investment is not approved, the investor may lose a considerable amount of money. But for foreign investors, the outlook is much rosier since the decision of a NAFTA (North American Free Trade Agreement) arbitration panel in the spring of 2015 in a case called Bilcon of Delaware et al v Government of Canada.

2015 Ontario Division Court administrative law case summaries: Trinity Western University v. Law Society of Upper Canada, Ontario v. De Lottinville, Guarantee Co. of North America v. Do, Simser v. Aviva Canada Inc., Li v. Novopharm Ltd., Aiken v. Ottawa Police Services Board, Solomon v. Levy, Bart v. McMaster University...

2015 Federal Court of Appeal administrative law case summaries: Khaper v. Air Canada, Gitxaala Nation v. R., Rahman v. Canada, Ontario Power Generation Inc. v. Greenpeace Canada, Canada (Information Commissioner) v. Canada (Minister of National Defence), Eadie v. MTS Inc., Jia v. Canada, Canada v. Rapiscan Systems, Inc., Cole v. Canada, Agnaou c. Canada, Canadian Transit Co. v. Windsor (City), Bell Canada v. Amtelecom Limited Partnership, Asad v. Canada...

2015 administrative law case summaries from the Supreme Court of Canada: Federation of Law Societies of Canada v. Canada (Attorney General), Ontario (Energy Board) v. Ontario Power Generation Inc., Loyola High School v. Quebec (Attorney General), Zurich Insurance Co. v. Chubb Insurance Co. of Canada, Kahkewistahaw First Nation v. Taypotat, Mouvement laïque québécois v. Saguenay (City), Strickland v. Canada (Attorney General)

2015 administrative law case summaries from the Ontario Court of Appeal: R. v Michaud, Taylor-Baptiste v OPSEU, Prince Edward County Field Naturalists v Ostrander Point GP Inc., Chaudhary v Canada (Minister of Public Safety & Emergency Preparedness)

This article recounts the October 28, 2015 OBA Administrative Law Section Program - Annual Update on Judicial Review. The program was moderated by Soussanna Karas and featured Justice David Stratus and Professor Paul Daly.

This paper explores four topics in connection with evidentiary rules that operate differently in the administrative as compared to the civil context: 1) the ability to compel testimony; 2) the limited protection against subsequent use of testimony gathered during the investigation stage at hearings; 3) the use of hearsay evidence; and 4) the expanding requirement on respondents to ‘disclose’ their defence to Staff prosecutors in advance of hearings and the resulting defence challenges.